Order filed Dec ember 1 , 2022.

In The 

## Fourteenth Court of Appeals

NO. 14

- 2 2

- 00 69 8

- C R

IN RE JONATHAN A. KNOX , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 1 7 9 th District Court Harris County, Texas Trial Court Cause No. 879527

ORDER

On September 9 , 2022, r elator Jonathan A. Knox filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the presiding judge of the
1 7 9 th District Court of Harris County, to grant his motion for forensic DNA testing and ballistic testing and his motion for accrued time and hold an evident iary hearing

.Relator’s petition do es not comply with the applicable Texas Rules of

Appellate Procedure. See Tex. R. App. 52.3(j) (requiring relator to certify that every factual statement in petition is supported by competent evidence in appendix or

re cord); Tex. R. App. P. 52.3(k)(1)(A) (providing that appendix must contain certified or sworn copy of any order complained of, or any other document showing
the document complained of) ; Tex. R. App. P. 52.7(a)(1) (requiring relator to file with petition ce rtified or sworn copy of every document that is material to relator’s claim and that was filed in any underlying proceeding); Tex. R. App. P. 52.7(a)(2) (requiring relator to file with petition properly authenticated transcript of any relevant testimony fr om any underlying proceeding, including any exhibits offered in evidence, or statement that no testimony was adduced in connection with matter complained of) . To be a “certified or sworn copy,” in accordance with Rule 52, the document must be certified by the trial court clerk or attached to either a properly prepared affidavit or an unsworn declaration. S ee also Tex. Civ. Prac. & Rem. Code § 132.001(e) (providing that unsworn declaration from inmate may be used in lieu
of written sworn declaration, if it is made under penalty of perjury and includes inmate’s name, date of birth, identifying number, and prison unit, and city, county, state, and zip code of prison unit). 1

1 The form for the unsworn inmate declaration is: My name is _____

___ ________ ___ ______ ____________ ____ ______________,

(First) (Middle) (Last) my date of birth is

_______ __________, and my inmate identifying number, if any, is

______________ ____________________ _. I am presently incarcerated in __________

_______________ ____________________ (Corrections unit name) in ___

_____________, __

_____________ ,

______ __________ ,

____

___________. (City) (County) (State) (Zip Code) I declare under penalty of perjury tha t the foregoing is true and correct. Executed on the _________ day of _______________
, _______________. (Month) (Year)By this order, the court gives r elator 45 days’ noti c e that the petition will be

dismissed for failure to comply with Rules 52.3(j)
, 52.3(k)(1)(A)
, 52.7(a)(1) , and 52.7(a)(2) unless the deficiencies are cured.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilso n. (Wi lson , J., Notice is not required before dismissing a petition for writ of mandamus. See In re Kholaif , 624 S.W.3d 228 (Tex. App.

— Houston [14th Dist.] 2020, orig. proceeding) (Frost, C.J., dissenting)).

____ _______ ____ _______________________ Declarant Tex. Civ. Prac. & Rem. Code Ann. § 132.001(e).